EIM15056 - Employer-financed retirement benefits schemes: definition of 'responsible person'

Section 399A ITEPA 2003

EIM15055 states that in some circumstances the ‘responsible person’ is assessed. The reference to the ‘responsible person’ can refer to one or more actual persons. If guidance on the making of assessments is necessary, refer to the Compliance Handbook.

The identity of the person or persons who is or are the ‘responsible person’ for this purpose is determined by working down the following list of successive possibilities:

  1. If the employer-financed retirement benefits scheme has one or more trustees resident in the UK, then each such trustee is the ‘responsible person’, and there is no need to refer further down this list.
  2. If there is no person that can meet the above description, then, and only then, if there are one or more persons controlling the management of the scheme, then each such person is the ‘responsible person’.
  3. If there is no person that can meet any of the above descriptions, then, and only then, the ‘responsible person’ is any employer or employers who established the scheme, or if they have died or ceased to exist, then their current successor or successors.
  4. If there is no person that can meet any of the above descriptions, then, and only then, the ‘responsible person’ is any employer of employees for whom the scheme provides, or is to provide, benefits.
  5. If there is no person that can meet any of the above descriptions, then, and only then, the ‘responsible person’ is each scheme trustee that is not resident in the UK.